Honorable Aaron Pena, Chair, House Committee on Criminal Jurisprudence
FROM:
John S. O'Brien, Director, Legislative Budget Board
IN RE:
HB1451 by Bohac (Relating to the punishment for the offense of prostitution.), As Introduced
The bill would amend the Penal Code as it relates to the punishment for prostitution. Under the provision of the bill, punishment for prostitution would be increased to that prescribed for the next higher offense category if the offense was committed within 1,000 feet of a church, public or private primary or secondary school, day-care center or child care facility, or public park. The enhancements outlined in the bill would apply to those convicted of a Class B or Class A Misdemeanor. A Class B Misdemeanor would be punishable as Class A Misdemeanor and a Class A Misdemeanor would be punishable as a state jail felony.
A Class B Misdemeanor is punishable by confinement in a county jail for any term of not more than 180 days, or, in addition to confinement, a fine not to exceed $2,000.
A Class A Misdemeanor is punishable by confinement in a county jail for any term of not more than one year, or, in addition to confinement, a fine not to exceed $4,000.
A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.
Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prison. When an offense is changed from a misdemeanor to a felony, there is a transfer of the burden of confinement and/or supervision of convicted offenders from the counties to the State. A check of Texas Department of Criminal Justice records, Department of Public Safety records, Office of Court Administration records, and Jail Standards Commission records did not reveal any information that would help in an accurate assumption regarding the number of times prostitution occurs within 1,000 feet of a church, public or private primary or secondary school, day-care center or child care facility, or public park.